Jerry A Stimmel’s Answers

Jerry A Stimmel

Kirkland Litigation Lawyer.

Contributor Level 12
  1. Which state to start business? Which form of business llc, s corp, corp or sole proprietor? Do I need a trademark? App & Website

    Answered almost 2 years ago.

    1. Jerry A Stimmel
    2. Qingqing Miao
    3. Bruce E. Burdick
    4. Michelle Hayden Bomberger
    5. Michael P Matesky II
    6. ···
    8 lawyer answers

    The legal evaluation of your situation is a lot more labor-intensive and sophisticated than can or should be tried in an open public form like this site. Trademark (I think you mean service mark, or logo) is only a tiny part of Idea protection (intellectual property protection), which is legal expertise you'll need. A lot of legacy corporations are or were incorporated in Delaware because Delaware has had a reputation for being hospitable to management and stock-issuing needs. Over time,...

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  2. Do I need to answer a complaint with an affirmative defense even though this complaint don't have a case number

    Answered almost 2 years ago.

    1. Jerry A Stimmel
    2. Dave Hawkins
    3. Robert Bruce Kopelson
    4. Pamela Koslyn
    4 lawyer answers

    Unlike many (most?) other states and unlike the federal courts, in this state a plaintiff can start a case by merely serving an unfiled summons and complaint. It's a cheap way of avoiding the filing fee if the defendant can't be found. It is also a cheap way of testing the defendant's resolve in fighting the case, so that the plaintiff can see whether it's worth the effort to keep going. Sometimes a plaintiff will serve an unfiled summons and complaint to stop the expiration of a statute of...

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  3. When suing a landlord in small claims court, if the landlord is an LLC, who do you send the notice to?

    Answered 4 months ago.

    1. Jerry A Stimmel
    2. Elizabeth Rankin Powell
    3. Shawn B Alexander
    3 lawyer answers

    Serve the main registered agent, because that agent's duty is to receive the notice without dodging service. If your claim is for a landlord's breach of duty under the Residential Landlord Tenant Act (RLTA), you can also add the property manager in his or her (or its) own name as a separately-identified defendant. The definition of "landlord" includes property manager (RCW 59.18.030(9), linked below). An agent is not generally liable for acts of a principal, but the RLTA makes the agent also a...

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  4. Washington sentencing guidelines (state)

    Answered almost 2 years ago.

    1. Jerry A Stimmel
    2. Vitaliy Kertchen
    3. Adrian Martinez Madrone
    4. Patrick Owen Earl
    4 lawyer answers

    Yes, it is possible to get a higher sentence for a gross misdemeanor than for some felonies, because felonies are subject to the formulas in the sentencing guidelines. Some felonies are "unranked" and carry a 12-month maximum as the top of the so-called standard range. Sometimes, jail time for multiple misdemeanor convictions can be ordered consecutive (back-to-back), resulting in more confinement time than multiple felony convictions which normally get served concurrently. In practice,...

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  5. If I do not answer an Eviction Summons & Complaint For Unlawful Detainer within the the date stated (14 days), but...

    Answered 9 months ago.

    1. Jerry A Stimmel
    2. Elizabeth Rankin Powell
    3. Shawn B Alexander
    4. Gregory L Abbott
    4 lawyer answers

    I strongly recommend against letting the summons and complaint go unanswered even if you move out before the deadline. Once you are out of the property -- completely out -- the court no longer has jurisdiction to entertain the case as an unlawful detainer (eviction) case, but does the landlord know that? Does the court know it? If you default, maybe the landlord will go ahead and file the summons and complaint anyway, hoping to get a money judgment against you. Maybe he's not supposed to, but...

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  6. What is the most direct / easy way to terminate tenancy for a month to month agreement.

    Answered almost 2 years ago.

    1. Jerry A Stimmel
    2. Elizabeth Rankin Powell
    3. Ryan Anton Jacobsen
    3 lawyer answers

    If the house is inside the Seattle city limits, you can terminate a month-to-month tenancy only for just cause. If you are truly moving back into the house as your primary residence, you have just cause to terminate the tenancy, and you should definitely state that reason in your notice of termination. You must actually accomplish the move. If you say you are moving and then don't do it, you will face substantial penalties. The "Just Cause" ordinance is Seattle Municipal Code section 22.206....

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  7. Issues with tenant after serving termination of tenancy.

    Answered over 1 year ago.

    1. Jerry A Stimmel
    2. Elizabeth Rankin Powell
    3. Jacob Brian Smith
    4. Ryan J. Weatherstone
    4 lawyer answers

    Reading between the lines, I'm guessing that you did not obtain a required permit when you created two rental units in a house built for single-family occupancy. If so, you are exposed to steep liability to the downstairs tenant for the hot water shut-off. The upstairs tenant is probably liable for reimbursing you for the dollar damage to your downstairs tenant and to you, but that won't help much if you have to chase the upstairs tenant for reimbursement which you may or may not collect. My...

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  8. I have been a live in caregiver for almost 4 yrs to a lady who passed away 2 months ago we lived in a low income subsidised apt

    Answered over 1 year ago.

    1. Jerry A Stimmel
    2. Thuong-Tri Nguyen
    3. James P. Frederick
    4. Celia R Reed
    5. Gary Todd Dupler
    5 lawyer answers

    "Verbal" means "in words" (not symbols, drawings, signals, numbers, or glyphs), and words can be written or unwritten. I assume you mean that the "verbal" notice you received was unwritten. An unwritten notice is ineffective to end a tenancy. One fact which your question does not disclose is whether you have been paying rent during the 2 months since the tenant passed away, and if so, I wonder what was the landlord's basis for accepting the rent. If the landlord gets its act together and gives...

    7 lawyers agreed with this answer

  9. Landlord did something illegal-- can I break lease?

    Answered almost 2 years ago.

    1. Jerry A Stimmel
    2. Shawn B Alexander
    2 lawyer answers

    If you are a month to month tenant, you can move with 20 days' notice in advance of the next rent payment date. If you have a lease with a longer term, the unauthorized entry does not necessarily give you the right to break the lease, but here's a statute which might be useful, from paragraph (8) in RCW 59.18.150: "(8) A landlord or tenant who continues to violate the rights of the tenant or landlord with respect to the duties imposed on the other as set forth in this section after being...

    7 lawyers agreed with this answer

  10. King county WA court arraignment malicious mischief 3rd degree for graffiti . What can I expect? will I need a lawyer?

    Answered almost 2 years ago.

    1. Jerry A Stimmel
    2. Patrick Owen Earl
    3. Adrian Martinez Madrone
    3 lawyer answers

    Employment does not necessarily disqualify you from a public defender; go the the screening office and find out. A link is attached to this message; you have to go in person to one of the screening locations shown on that web page. Do this immediately. One way or another, however, you should definitely have a lawyer, and don't discuss the facts with anybody except your lawyer. Every syllable you utter can be used against you if the prosecutor finds out about it. Don't assume that if you...

    7 lawyers agreed with this answer

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